Author 



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Title 



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PUBLIC 



SCHOOL LAW 



OF* 



NORTH CAROLINA 



ISSUED IN PURSUANCE OF LAW 

BY THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



RALEIGH: 

Edwards & Broughton, State Printers and Binders. 

1899. 



* CI 



PUBLIC 



SCHOOL LAW 



NORTH CAROLINA W* ,'Oafc 



ISSUED IN PURSUANCE OF LAW 

BY THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



RALEIGH: 

Edwards & Broughton, State Printers and Binders. 
1899. 



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2 

£ PREFACE, 



This pamphlet is issued in pursuance of law. 

The township is retained as the unit of our public school 
system. 

It is pleasant to be able to say that the present Public 
School Law is simple and means just what it says. 

The Superintendent of Public Instruction was kindly 
invited by Senator Smith of Stanly to examine minutely and 
in detail every section of the law before it was ratified. The 
chief object kept in view all through this examination was 
simplicity of expression. 

Such explanations and instructions as seem to the Superin- 
tendent to be necessary are placed as notes under the sections 
to which they refer. 

Copies of this pamphlet will be furnished to each public 
school officer, and each officer is expected to read and study 
it carefully tor himself. Let him not write the Superintend- 
ent about every little point he may wish to know, but let him 
open his School Law and read for himself. 

The success or failure of the law will largely depend upon 
the officers who execute it. Let each officer do his whole 
duty, and then we may expect progress. 

C. H. Mebane, 
Supt. Public Instruction. 

Kaleigh, April 1st, 1899. 



PUBLIC SCHOOL LAW 

OF 

NORTH CAROLINA. 



Section I . Apportionment of School Fund. 

The State Board of Education shall, on the first Monday 
in August of each and every year, apportion among the sev- 
eral counties of the State all the school funds which may be 
then in the treasury of the said board, and order a warrant 
for the full apportionment to each county, which said appor- 
tionment shall be made on the basis of the school population: 
Provided, that no part of the permanent school fund shall 
be apportioned or distributed, but only the income there- 
from. 



Sec. 2. Auditor to keep separate account of Public School Fund. 

The State Auditor shall keep a separate and distinct 
account of the public school funds, and of the interest and 
income thereof, and also of such moneys as may be raised 
by State, county, and capitation tax, or otherwise, for school 
purposes. 

Sec. 3. When and how warrant issued for School Fund due any county. 

Upon the receipt of the requisition of the Treasurer of any 
county, duly approved by the chairman and secretary of the 
County Board of Education, for the school fund which may 
have been apportioned to said county, the State Board of 
Education shall issue its warrant on the State Auditor for 
the sum due said county; whereupon the said Auditor shall 
draw his warrant on the Treasurer of the State Board of Edu- 
cation in favor of 3uch County Treasurer for the amount set 
forth in the warrant of the said State Board. 



6 



Sec. 4. State Treasurer to hold School Funds as a special deposit ; when 
and how paid out. 

The State Treasurer shall receive and hold as a special 
deposit all school funds paid into the treasury and pay them 
out only on the warrant of the State Auditor, issued on the 
order of the State Board of Education in favor of a County 
Treasurer, duly endorsed by the County Treasurer in whose 
favor it is drawn, and it shall be the only valid voucher in 
the hands of the State Treasurer for the disbursement of 
school funds. 

Sec. 5. Funds appropriated for establishing and maintaining system of 
free schools to be paid into State Treasury. 

The proceeds of all lands that have been or may hereafter 
be granted by the United States to this State, and not other- 
wise appropriated by this State or the United States, also all 
moneys, stocks, bonds and any other property now belonging 
to any State fund, for the purposes of education, also the net 
proceeds of sales of swamp lands belonging to the State, and 
all other grants, gifts or devises that have been made or here- 
after may be made to this State, and not otherwise appro- 
priated by this State or by the terms of the grant, gift, or 
devise, shall be paid into the State treasury, and, together 
with so much of the ordinary revenue of the State as may be 
set apart for that purpose, shall be faithfully appropriated 
for establishing and maintaining a system of free public 
schools, as established in pursuance of the Constitution. 

Sec. 6. Funds so appropriated to be paid into County School Fund. 

All moneys, stocks, bonds and other property belonging 
to a county school fund, also the net proceeds from sales of 
estrays, also the clear proceeds of all penalties and forfeit- 
ures, and of all fines collected in the several counties for any 
breach of the penal or military laws of the State; and all 
moneys which shall be paid by persons as equivalent for 
exemption from military duties ; also the net proceeds of any 
tax. imposed on licenses to retailers of wines, cordials or spir- 



ituous liquors and to auctioneers, shall belong to and remain 
in the several comities, and shall be faithfully appropriated 
for establishing and maintaining' free public schools in sev- 
eral counties as established in pursuance of the Constitution; 
Provided, the amount collected in each county shall be 
reported annually to the State Superintendent of Public 
Instruction. The solicitors of the several judicial districts, 
criminal and inferior courts, shall prosecute all penalties and 
forfeited recognizances entered in their courts respectively, 
and as compensation for their services shall receive a sum 
to be fixed by the court, not less than five per centum of the 
amount collected upon such penalty or forfeited recogni- 
zance for the collection of which execution was found to be 
necessary. 

Note. — Special attention is called to sections 724, 725, 726, 727, 
728, 764, 906 and 3678 of The Code. Treasurers and County Com- 
missioners will use all proper means to see that the full amount of 
fines, forfeitures and penalties and the liquor tax due shall go to 
the school fund. 

Sec. 7. If taxes insufficient to maintain Public School four months, 
Board of Commissioners to levy special tax ; how collected. 

If the tax levied by the State for the support of the public 
schools shall be insufficient to maintain one or more schools 
in each school district for the period of four months, then 
the Board of Commissioners of each county shall levy 
annually a special tax to supply the deficiency for the sup- 
port and maintenance of said schools for the said period of 
four months or more. The said tax shall be collected by the 
sheriff in money, and he shall be subject to the same liabili- 
ties for the collection and accounting of said tax as for other 
taxes. The said tax shall be levied on all property, credits 
and polls of the county ; and in the assessment of the amount 
on each the Commissioners shall observe the constitutional 
equation of taxation ; and the fund thus raised shall be 
expende din the county in which it is collected, in such man- 



ner as the County Board of Education may determine, for 
maintaining the public schools for four months at least in 
each year. But the County Board of Education shall not 
be required to expend upon a district containing less than 
sixty-five pupils the same sum it may give to larger dis- 
tricts, notwithstanding an inequality of length of school 
terms may be the result. The County Board of Education, 
on or before the annual meeting of the Commissioners and 
Justices of the Peace for levying county taxes, shall make 
an estimate of the amount of money necessary to maintain 
the schools for four months and submit it to the County 
Commissioners. 

Note. — This section should be observed and its provisions carried 
out fully by the County Commissioners. It will be observed that 
the law is mandatory in its provisions and that it is intended to 
carry into effect the provisions of article nine, sections two and 
three, of the State Constitution. It will be noted that the County 
Commissioners are required to make an estimate of the additional 
funds necessary to provide schools for four months and to levy the 
taxes for same if there is a margin before reaching the constitutional 
limit. For some fears the law has required the County Commis- 
sioners to levy any additional tax that might be necessary to con- 
tinue the schools for a period of four months per annum, and the 
Constitution of the State makes it their duty to do this under pen- 
alty of indictment; and yet some commissioners do not attend to this 
duty. Construing the Constitution and the statute together, we 
are forced to the conclusion that it is the imperative duty of the 
Commissioners to levy this tax. 

The decision of the Supreme Court in BarJcsdale v. Commission- 
ers of Sampson. 93 N. C. Reports does not relieve the Commis- 
sioners of this obligation except when the limit of 66 2-3 cents on 
$100 valuation of property and $2.00 on polls has been reached for 
county and school purposes. 

Section two, article five, of the Constitution is as follows: 

"The proceeds of the State and county capitation tax shall be 
applied to the purposes of education and the support of the poor, 
but in no one year shall more than twenty-five per cent, thereof be 
appropriated to the latter purpose." 

The State tax is that levied by the General Assembly, and the 
county tax is that levied by the Justices of Peace and County 
Commissioners. These taxes, combined, can never exceed $2.00 on 
the poll. 



When this limit is reached the Commissioners can not levy any 
school tax under the provisions of this section, but they are 
required to see that the sheriff (tax collector) shall pay over to 
the Treasurer of the Board of Education at least $1.50 on each 
poll that is collected, and they can allow more if they will. 

If the limit of two dollars is not reached by the combined State 
and county levies, then at least three-fourths of whatever they do 
amount to must be paid over for schools; and in that case the com- 
missioners must make an additional levy, if necessary, to continue 
the schools four months. 

In ascertaining whether the limit has been reached, no special 
taxes for special purposes, under special acts of Assembly, are to be 
included in the calculation. 

Sec. 8. Duties of the Superintendent of Public Instruction. 

The Superintendent of Public Instruction shall have the 
school law published in pamphlet form and distributed on 
or before the first day of May of each year. He shall send 
to each officer a circular letter enumerating his duties as pre- 
scribed in this Act. He shall have printed all the forms 
necessary and proper for the purposes of this chapter, and 
shall look after the school interest of the State, and report 
biennially to the Governor, at least five days previous to each 
regular session of the General Assembly, which report shall 
give information and statistics of the public schools and 
recommend such improvements in the school law as may 
occur to him. He shall keep his office at the seat of govern- 
ment, and shall sign all requisitions on the Auditor for the 
payment of money out of the State treasury for school pur- 
poses. Copies of his acts and decisions, and of all papers 
kept in his office and authenticated by his signature and 
offical seal, shall be of the same force and validity as the 
original. He shall be furnished with such room, fuel and 
stationery as shall be necessary for the efficient discharge of 
the duties of his office. 

Sec. 9. Duty of Superintendent to direct operations of system of Public 
Schools, etc. 

The Superintendent of Public Instruction shall direct the 

operations of the system of public schools and enforce the 



10 



laws and regulations in relation thereto. It shall be his duty 
to correspond with leading educators in other States, and to 
investigate the systems of public schools established in other 
States, and as far as practicable, render the results of educa- 
tional efforts and experiences available for the information 
and aid of the Legislature and State Board of Education. 

Sec. 10. Duty of Superintendent to learn and supply educational wants, 
etc. ; expenses allowed. 

It shall be the duty of the Superintendent of Public 
Instruction to acquaint himself with the peculiar educational 
wants of the several sections of the State, and he shall take 
all proper means to supply said wants by counseling with 
county boards of school directors and county superintendents 
of schools, by lectures before teachers' institutes, and by 
addresses to public assemblies on subjects relating to public 
schools and public school work, and he shall be allowed for 
traveling expenses and for additional clerical assistance five 
hundred dollars per annum. 

Sec. 1 1 . Duty of Superintendent of Public Instruction and County Boards 
of Directors as to removal of County Superintendent of Schools. 

In case the State Superintendent shall have sufficient evi- 
dence at any time that any County Superintendent of 
Schools, or any member of the county board of school direc- 
tors, is not capable of discharging or is not discharging the 
duties of his office as required by this act, or is guilty of 
immoral or disreputable conduct, he shall report the matter 
to the county board of school directors, which shall hear evi- 
dence in the case, and if after careful investigation they find 
sufficient cause for his removal, they shall declare the office 
vacant at once, and proceed to elect his successor: Provided, 
however, that either party may appeal from the decision of 
the county board of school directors to the State Board of 
Education, which shall have full power to investigate and 
review the decision of the eountv board of school directors: 



11 



Provided, this section shall not be construed to deprive each 
County Superintendent of the right to try his title to said 

office in the courts of the courts [State.]. 

Sec. 12. State Superintendent of Public Instruction authorized to employ 
•lerk ; his salary, how paid. 

The State Superintendent of Public Instruction is author- 
ized to employ a clerk at a salary of one thousand dollars per 
annum, which shall be paid monthly by the State Treasurer, 
on the warrant of the Auditor, out of any funds which may be 
in the treasury not otherwise appropriated : Provided, the 
said Superintendent is not hereby authorized to employ more 
than one clerk at said salary of one thousand dollars. 

Sec. 13. County Board of School Directors, how elected. 

The General Assembly shall appoint three men in each 
county of good business qualifications and known to be in 
favor of public education, who shall constitute a county board 
of school directors, which board shall enter upon the duties of 
its office immediately upon the qualification of a majority of 
its members : Provided, in case of vacancy by death, resigna- 
tion or otherwise, said vacancy shall be filled by the other 
members of the county board of school directors : Provided, 
furtlier, that the members of the county board of school 
directors herein provided for shall hold office until the first 
Monday in July, 1901, at which time the Board of County 
Commissioners in each county shall elect the board of school 
directors, and every two years thereafter. 

Sec. 14. Duties and powers of the County Board of School Directors. 

The county board of school directors shall have power and 
authority, and it shall be their duty to institute and prose- 
cite any and all actions, suits or proceedings against any and 
all officers, -persons or corporations and their sureties for the 
recovery j preservation and application of all moneys or 
property which may be due to or should be applied to the 
support and maintenance of the schools, except in case of 
breach of bond on the part of the treasurer of the county 



12 



school fund, in which case action shall be brought by the 
County Commissioners as provided in Section 50. The 
county board of school directors and all other school officials 
in the several counties shall obey the instructions of the State 
Superintendent and accept his constructions of the school 
law. 

Sec. !5. County Board of School Directors to elect a County Superin- 
tendent of Schools. 

The county board of school directors shall on the second 
Monday in July, 1899, and biennially thereafter, elect a 
County Superintendent of Schools, who shall be at the time of 
his election a practical teacher, or who shall have had at least 
two years' experience in teaching school, or in public school 
work, or as county superintendent of public schools. Said 
Superintendent must be of good moral character and liberal 
education, and shall hold his office for a term of two years 
from the date of his election and until his successor is elected 
and qualified. Immediately after the election of the county 
superintendent of the schools the chairman of the county 
board of school directors shall report to the State Superin- 
tendent of Public Instruction the name, address and expe- 
rience of the person elected, and the person elected shall 
report to the State Superintendent as soon as he shall have 
qualified the date of such qualification : Provided, in case of 
vacancy by death, resignation or otherwise, the county board 
of school directors shall fill said vacancy. 



Note. — The county board of school directors should use their 
greatest wisdom in the selection of the County Superintendent. It 
is a burning shame that in days gone by in many instances the 
man who has had the greatest political pull around the court house is 
the man who has been selected to be the leader in the public school 
work. Let it not be so again. As is the County Superintendent, so 
will be the public schools. If he is an energetic, wide-awake school 
man we may expect progress, if he is not, no progress will be made. 

Sec. 1 6. County Board of School Directors to appoint Township Trustees. 

The county board of school directors of each county shall 
on the second Monday of July, 1899, and biennially there- 



l: 



after, appoint in each of the townships of the county three 
intelligent men of good business qualifications, who are 
known to be in favor of public education, who shall serve for 
two years from the date of their appointment as township 
school trustees in their respective townships and until their 
successors are elected and qualified. If a vacancy should 
occur at any time In death, resignation or otherwise, it shall 
be the duty of the county board of school directors to fill 
such vacancy. 

Note. — The very best men in the respective townships regardless 
of politics or religion or anything else should be selected as town- 
ship trustees. The distribution of the public school fund is a mat- 
ter o" the very greatest importance. It was declared on the floor 
of the House of Representatives in the last General Assembly that 
the public schools of North Carolina were a farce from top to bot- 
tom. Thi*, of course, is a malicious falsehood. But the sure way 
to keep the schools from ever becoming a farce is to have a wise 
expenditure of the school fund. 

Sec. 17. County Board of School Directors to apportion School Fund per 
capita to the ownsbips. 

The county board of school directors shall on the second 
Monday in January and second Monday in July of each year 
apportion the school fund of the county to the various town- 
ships in said county per capita: Provided, that the county 
board of school directors, before apportioning the school fund 
to the various townships, shall reserve as a contingent fund 
an amount sufficient to pay the salary of the County Superin- 
tendent of Schools and per diem and expenses of the county 
board of school directors. As soon as the apportionment is 
made, the county board of school directors shall post a state- 
ment at the court-house door, showing the amount appor- 
tioned to the several townships in the county, and they shall 
also notify the school trustees of each township of the amount 
apportioned to their respective townships. The county board 
of school directors shall also furnish the treasurer of the 
county school fund a statement of the amounts apportioned 
to the several townships in the county. 



14 



Sec. 18. Apportionment of Public School Fund semi-annual. 

The semi-annual apportionment of public school moneys 
shall be based upon the amounts actually received by the 
county treasurer from all sources, and reported by him to 
the county board of school directors as required by this act. 

Note. — The general expenses authorized are: pay of Treasurer's 
commissions, mileage and per diem of County Board of School 
Directors on regular days as provided by law, postage and station- 
ery for the County Superintendent in educational work. 

Sec. 19. County Board of Directors may appropriate funds for County 
Institutes. 

The county board of school directors of any county may 
annually appropriate an amount not exceeding fifty dollars 
out of the school funds of the county for the purpose of con- 
ducting one or more teachers' institutes for said county; or 
the county boards of school directors of two or more adjoin- 
ing counties may appropriate an amount not exceeding fifty 
dollars to each county, for the purpose of conducting a 
teachers' institute for said counties, at some convenient and 
satisfactory point, and the public school teachers of the said 
county or counties are required to attend said institute unless 
prevented from attending by sickness or other good cause. 
A county teachers' institute under this section shall be con- 
ducted by the county superintendent of schools, assisted by 
some member of the State Board of Examiners, or a member 
of the faculty of the normal department of the University of 
North Carolina, or the State Normal and Industrial Col- 
lege, or of the Agricultural and Mechanical College at 
Raleigh, or by some practical teacher appointed by said State 
Board of Examiners : Provided, that the local and traveling 
expenses of the persons thus appointed shall be paid out of 
the general public school fund of the county by order of the 
county board of school directors: Provided, that the teach- 
ers' institutes shall be held for the white race and the colored 
race separate and apart from each other. 



15 



Sec. 20. Regular meetings of the County Board of Directors during the 
year. 

The county board of school directors of each county shall 
hold four regular meetings every year, viz. : On the second 
Monday of January, April, July and October for the transac- 
tion of such business as may come before it : Provided, that 
the compensation of the members of said board shall not 
exceed two dollars per diem and mileage as is now allowed to 
the Board of County Commissioners. At each regular meet- 
ing it shall be the duty of the board to examine the books 
and vouchers of the Treasurer of the county school fund and 
to audit his accounts: Provided, that the county board of 
school directors shall have power to fix the maximum 
monthly salary for first-grade teachers. 

Sec. 21. County Board of Directors have authority to punish for con- 
tempt and disorderly eonduct. 

The county board of school directors of each county shall 
have power to punish for contempt, for any disorderly con- 
duct or disturbance tending to interrupt them in the transac- 
tion of their official business, and every person who shall 
willfully interrupt or disturb any public or private school, or 
any meeting lawfully and peacefully held for the purpose 
of literary and scientific improvement, either within or with- 
out the place where such meeting or school is held, or injure 
any school building, or deface any school furniture, appa- 
ratus, or other school property, shall be guilty of a mis- 
demeanor, and fined not exceeding fifty dollars or imprisoned 
not more than thirty days. Any person who shall willfully 
set fire to any school house, or procure the same to be done, 
shall be guilty of a misdemeanor, and upon conviction shall 
be punished by imprisonment in the penitentiary or county 
jail, and may also be fined, in the discretion of the Court, 
Sec. 22. Township School Trustees to organize, kfpp records, etc. 

The township school trustees shall, as soon after their elec- 
tion and qualification as practicable, not to exceed fifteen 



16 



days, meet and elect from their number a chairman and sec- 
retary, and shall keep a record of their proceedings in a book 
to be kept by them for that purpose. The name and address 
of the chairman and secretary shall be reported to the county 
superintendent of schools and recorded by him in a book 
kept for that purpose. 

Sec. 23. Township School Trustees to elect committeemen for each 
school, determine boundaries, etc. 

Within fifteen days from the date of their election the 
township school trustees shall elect for each school in their 
respective townships three school committeemen, who shall 
hold office for two years, and until their successors are 
appointed and qualified, and no one shall be elected a com- 
mitteeman for more than one school of each race, and said 
trustees shall determine the boundaries of the district in 
which each school is situated. 

Note. — A man may be a committeeman for one white school and 
one colored school, if it is thought best for the white men to control 
both white and colored schools. 

Sec. 24. Township School Trustees to create no school with less than 65 
children of school age, etc. 

The township school trustees shall divide their respective 
townships into convenient school districts as compact in form 
as practicable. They shall consult the convenience and 
necessities of each race, in setting the boundaries of the 
school district for said race, and shall create no district with 
less than 65 children of school age, unless prevented by geo- 
graphical reason or sparsely settled neighborhoods. 

Note. — The township school trustees should combine and con- 
solidate the schools in most instances, make fewer schools and bet- 
ter schools. This should be the end in view in arranging the 
boundaries. The constant increase in the number of schools has 
kept our school terms short. North Carolina has not increased in 
school population as she has increased in number of school dis- 
tricts. Do not create any new schools unless it is absolutely nec- 
essary. 



17 



Sec. 25. Township School Trustees to apportion the fund so as to 
equalize school terms, etc. 

It shall be the duty of the township school trustees to dis- 
tribute and apportion the school money of their township so 
as to give each school in their township, for each race, the 
same length of school term, as nearly as may be, each year, 
and in making such apportionment, the said committee shall 
have proper regard for the grade of work to be done, and the 
qualifications of the teachers required in each school for each 
race within their district (township) : Provided, that the 
said township trustees shall fix the maximum salary for each 
school in their respective townships, subject to the provi- 
sion of section 20. 



Note. — This is the most delicate and careful work to be done by 
the township school trustees. Their powers are broad and absolute. 
There will be need for the greatest judgment and wisdom in divid- 
ing the money among the schools of the township, so as to pre- 
serve harmony among the schools and insure success. 

The following conditions should be taken into account: 1st, the 
grade of advancement among the pupils of each school; 2nd, the 
interest manifested by the patrons of the school in public educa- 
tion, and 3rd, the average attendance during the school term. 

Sec. 26. Township School Trustees to notify committeemen of the 
amount apportioned to each school. 

It shall be the duty of the township school trustees to notify 
the district school committeemen, the county superintendent 
of schools, and the treasurer of the county school fund, of the 
amount apportioned to each district; and each district, shall 
be designated as school district number one, two, three, etc., 

for white, colored or Indian, in township, in the 

county of 

Sec. 27. The School Committee a bodj corporate. 

The school committee of each school district shall be a body 
corporate by the name and style of "The School Committee 

of District No , in township, in the county of 

," and by that name shall be capable of purchasing 



18 



and holding real and personal estate, and of selling and trans- 
ferring the same for school purposes, and of building school 
houses, and of prosecuting and defending suit for or against 
the corporation. All conveyances to school committees shall 
be to them and their successors in office. 
Sec. 28. Census wben to be taken by committee, etc. 

The school committee of each district is required to furnish 
the county superintendent of schools a census report of all 
the pupils of school age, in their district, by name, age, sex 
and race ; also name of parent or guardian, and the blanks 
upon which said reports are to be made shall be furnished to 
the various school committees by the county superintendent 
of schools on the first; Monday in August in each vear, which 
report shall be duly verified, under oath, by at least one mem- 
ber of the committee, and returned to the county superintend- 
ent of schools on or before the first Monday in October of 
each year, and any committee failing to comply with the pro- 
visions of this section without just cause shall be subject to 
removal. The district committee shall give the same 
information at the same time to the township school trustees, 
and the said committee shall also report to the county super- 
intendent of schools the number of public school houses and 
the value of all public school property for each race, sepa- 
rately, and furnish to the teacher at the opening of the school 
a register containing the name and age of each pupil of school 
age in that district. 
Sec. 29. School Committee to organize, etc. 

The school committee of each school district shall, as soon 
after their election and qualification as practicable, not to 
exceed fifteen days, meet and elect from their number a. chair- 
man and secretary and shall keep a record of their proceed- 
ings in a book to be kept by them for that purpose. The 
name and address of the chairman and secretary of each dis- 
trict committee shall be reported to the Secretary of the 
County Board of School Directors and recorded by him in a 
book kept for that purpose. 



19 



Sec. 30. The School Committee to employ and dismiss teachers, make 
contracts, terms he continuous, etc. 

The School Committee shall have authority to employ and 
dismiss teachers in their respective districts ; but no contract 
shall be made during any year to extend beyond the term of 
office of the committee, nor for more money than accrues to 
the credit of the district for the fiscal year during which the 
contract is made. .No person shall be employed as a teacher 
who does not produce a certificate from the County Superin- 
tendent of Schools, or other parties authorized by law to issue 
the same, and dated within the time prescribed by law. 
Teachers of second grade shall receive not more than $25 per 
month, out of the public fund, and teachers of first grade 
may receive such compensation as shall be agreed upon; but 
no teacher shall receive any compensation for a shorter term 
than one month, unless providentially hindered. Twenty 
school days of not less than six hours each shall be a month : 
Provided, that the school term be continuous as far as practi- 
cable : Provided^ further, that certificates issued by any 
institution as now provided by law shall be void, whenever 
the person holding said certificate shall for three consecu- 
tive years fail to teach in some school in the State. 

Note. — The certificates referred to here are the diplomas of the 
State Normal and Industrial College, the Peabody College and the 
Normal School at Asheville. It is of great importance that the 
school terms should not be divided a few weeks in the fall or sum- 
mer and a few weeks at some other time. The very best teacher 
can not show results under such circumstances. 

Sec. 31. Teachers required to make complete and accurate report of 
each school tanght. 

At the end of every term of a public school, the teacher or 
principal of the school shall exhibit to the School Committee 
of the district a statement of the number of pupils, male and 
female, the average daily attendance, the length of term and 
the time taught. If the committee are satisfied that the pro- 
visions of this act have been complied with, they shall give 



20 



an order on the Treasurer of the County School Fund, pay- 
able to said teacher, for the full amount due for services 
rendered : Provided, that monthly statements may be made 
by the teacher and approved by the committee: Provided 
further, that when the monthly report of any school where 
the district does not contain over (150) one hundred and 
fifty children of school age shows an average daily attendance 
of less than one-fifth of the school census, the committee shall 
at once order the school to be closed, and the money due said 
district shall remain to the credit of that district. 

Note. — The committee should see that this section is carefully 
carried into effect. There is something wrong with a school when 
one-fifth of the children are not in attendance. 

Sec, 32. School Committee to receive gifts, grants, donations. Deeds 
to be executed, etc. 

The School Committe may receive any gift, grant, dona- 
tion or devise made for the use of any school or schools within 
their jurisdiction, and in their corporate capacity they shall 
be intrusted with the care and custody of all school houses, 
school-house sites, grounds, books, apparatus, or other public 
school property belonging to their respective jurisdictions, 
with full power to control the same as they may deem best for 
the interest of the public schools, and the cause of education. 
When, in the opinion of the committee, any school house, 
school-house site, or other public school property, has become 
unnecessary for public school purposes, they shall sell the 
same at public auction, after advertisement for twenty days 
at three public places in the county. The deed for the prop- 
erty thus sold shall be executed by the chairman and clerk 
of the committee, and the proceeds of the sale shall be paid 
to the Treasurer of the County School Fund for the school 
expenses in said school district. 



21 



Sec. 33. School Committee receive sites for school houses, may con- 
demn land, etc. 

The School Committee may receive suitable sites for school 
houses by donation or purchase. In the latter case, they shall 
report the price to the chairman and secretary of the County 
Board of School Directors. If the latter are satisfied that 
the price is not excessive, and that it is suitable in respect to 
its location, they shall approve the order of the committee on 
the Treasurer of the County School Fund for the purchase 
money, and upon payment of the order, the title to said site 
shall vest in the committee and their successors in office. 
Whenever the committee are unable to obtain a suitable site 
for a school by gift or purchase, they shall report to the 
County Superintendent of Schools, who shall, upon five days' 
notice to the owner of the land, apply to the Clerk of the 
Superior Court for the appointment of three appraisers, who 
shall lay off, by metes and bounds, not more than one acre, 
and assess the value thereof. They shall make a written 
report of their proceedings, to be signed by them or by a 
majority of them, to the said clerk within five days from their 
appointment, who shall enter the same upon the records of the 
Court. If said report is confirmed by the Clerk of the 
Court, the chairman and secretary shall approve the order 
which the district School Committee shall give on the Treas- 
urer of the County School Fund in favor of the owner of the 
land thus laid off, and upon payment or offer of payment 
of this order the title to said land shall vest in the School 
Committee and their successors in office: Provided, 
improved land shall not be condemned under this section 
unless it be essentia] to secure a proper location : Provided, 
further, any person aggrieved by the action of said apprais- 
ers, may appeal to the Superior Court of the county in which 
the land is situated, upon giving bond to secure the commit- 
tee against such costs as may be incurred of said appeal not 
being prosecuted with effect. 



22 



Sec. 34. School Committee to deliver deeds to County Board of School 
Directors. 

All deeds to school committeemen shall be delivered by 
them to the County Board of School Directors for inspection 
before registration, and the Board of Directors shall have 
said deeds recorded and delivered to the Clerk of the Court 
for safe keeping. 

Sec. 35. School Committee empowered to contract with teacher of pri- 
vate school; Proviso 

In any school district where there may be a private school, 
regularly conducted for at least nine months in the year, the 
School Committee may contract with the teacher of such pri- 
vate school to give instruction to all pupils between the ages of 
six and twenty-one years in the branches of learning taught 
in the public schools, as prescribed in this act, without charge 
and free of tuition; and such School Committee may pay 
such teacher for such service out of the public school funds 
apportioned to the district, and the agreement as to such pay 
shall be arranged between the committee and teacher: Pro- 
vided, every teacher of the public school branches in said 
school shall obtain a first-grade certificate before beginning 
his or her work, and shall from time to time make such 
reports as are required of other public school teachers under 
this act: Provided, further, that the County Superintendent 
of School shall have the same authority in respect to the 
employment and dismissal of teachers under this section, and 
in every other respect, as is conferred in other sections of the 
law, and: Provided, further, that all contracts made under 
this section shall designate the minimum length of the public 
school term, which shall not be less than the average length of 
the public school terms of the county of the preceding year, 
and : Provided, further, that the amount paid said private 
school for each pupil in the public school branches, based on 
the average daily attendance, shall not exceed the regular 
tuition rates in said school for said branches of study. 



23 



Note. — If the tuition in the private school for the public school 
branches is $1.00 or $2.00 per month, then said private school shall 
not be allowed any more per capita of the public fund than they 
receive per capita from the parents in the private funds. To illus- 
trate: If there are 40 children in the public school branches whose 
private tuition is $40, then the committee can only pay $40 per 
month for this instruction out of the public fund. 

Sec. 36. Coutraets must not to be made for money ouly for the current 
J ear. 

Xo contracts for teachers' salaries shall be made during any 
fiscal rear for a larger amount of money than accrues to the 
credit of the respective districts for the year, and no commit- 
tee shall give an order unless the money to pay it is actually 
to the credit of the district, and no part of the school fund for 
one year shall be used to pay school claims for any previous 
year. 



Note. — The committee should not give orders for money when 
there is no money. There has been a great deal of trouble caused 
by the carelessness of committeemen along this line. Hundreds of 
private acts were passed by the last General Assembly to pay orders 
that were made by committees for money when they had no money 
to their credit. 

Sec. 37. School Committees to keep a record of all moneys, etc. 

The School Committee of each district shall keep a book 
in which shall be kept an accurate account of all moneys 
apportioned to, received and expended by them, and a copy of 
all contracts made by them with teachers. 

Sec. 38. County Superintendent of Schools ex-officio Secretary of the 
County Board of School Directors To keep a full and complete 
record. 

The County Superintendent of Schools shall be ex-officio 
the Secretary of the Board of School Directors. He shall 
record all the proceedings of the Board of School Directors, 
issue all notices and order's that may be made by said board 
pertaining to the public schools, school houses, sites or dis- 
tricts (which notices or orders it shall be the duty of the 
secretary to serve by mail, or by personal delivery without 
cost), and record all school statistics, look after all forfeit- 



24 



ures, fines and penalties, see that the same are placed to the 
credit of the school fund, and report the same to the Board 
of School Directors. The County Board of School Directors 
shall provide the County Superintendent of Schools with an 
office, and with a suitable book in which to keep the records 
required by this section. The records of the Board of School 
Directors and of the County Superintendent of Schools shall 
be kept in the office provided for that purpose by the said 
directors. 

Sec. 39. The County Siiperiiite.tuYul of School^ to examine teachers. 
Fee of $1.00 for private examination, «-tc- 

The County Superintendent of Schools of each county shall 
examine all applicants of good moral character for teachers' 
certificates at the court-house in the county, on the second 
Thursday of April, July and October of every year, and con- 
tinue the examination from day to day during the remainder 
of the week, if necessary, till all applicants are examined, and 
for the examination of teachers at any other time than above 
named, he shall require of such applicants a fee of $1.00, in 
advance, and all fees for private examinations shall be paid 
by the County Superintendent of Schools to the Treasurer of 
the County School Fund to go to the general school fund of 
the county. The place for holding the examination of teach- 
ers shall be at the county seat, but other places in said county 
may be designated by the County Superintendent of Schools 
when, in his discretion, it may be for the convenience of the 
teachers of his county. A general average of ninety per 
centum and over shall entitle an applicant to a first-grade 
certificate ; a general average ,of eighty per centum or more 
shall entitle the applicant to a second-grade certificate; but 
if the applicant shall fall below sixty per cent, in any one 
study he shall receive no certificate. The certificates shall 
be valid for one year from their dates, and only in the county 
in which they were issued. The branches taught in the pub- 
lic schools shall be spelling, defining, reading, writing, arith- 
metic, English grammar and composition, geography, 



25 



nature and effect of alcolohlic drinks and narcotics, elemen- 
tary physiology and hygiene, civil government, history of 
North Carolina and of the United States, theory and practice 
of teaching, and such other branches as the District School 
Committee may direct. The County Superintendent of 
Schools shall hold his examinations publicly, and may invite 
competent persons to assist him in such examinations. He 
shall keep a copy of all examination questions, both public 
and private, and shall forward copies of the same to the State 
Superintendent upon request. 



Note. — Civil Government has been added to the branches to be 
taught in the public schools. 

Sec. 40. County Superintendent of Schools to advise with teachers. To 
visit schools, etc. 

It shall be the duty of the County Superintendent of 
Schools to advise with the teachers as to the best methods of 
instruction and school government, and to that end he shall 
keep himself thoroughly posted as to the progress of education 
in other counties, cities and State ; he shall have authority to 
correct abuses, and to this end he may, with the concurrence 
of a majority of the School Committee of the district, sus- 
pend any teacher in said district who may be guilty of any 
immoral or disreputable conduct, or who may prove himself 
incompetent to discharge efficiently the duties of a public 
school teacher, or who may be persistently neglectful of said 
duties. The County Superintendent of Schools may be 
required to visit the public schools of his county while in ses- 
sion, under the direction of the County Board of School 
Directors, and shall inform himself of the condition and 
need of the various schools within his jurisdiction: Provided, 
that when he visits the schools he shall pay his own expenses. 

Note. — The County Board of Directors should aid the County 
Superintendent in prosecuting his v/ork. If the schools can not 
and will not be beriefHed by the presence of and personal contact 
with the County Superintendent, then the Avrong man is superin- 
tendent. This is a fact that needs no words of proof. 



26 



Sec. 41. County Superintendent of Schools to supply blanks, vouchers, 
school registers, etc. 

It shall be the' duty of the County Superintendent of 
Schools to distribute to the various school committees of his 
count}'' all such blanks as may be furnished by the State 
Superintendent of Public Instruction, for reports of school 
statistics of the several districts; also blanks for teachers* 
reports and for orders on the Treasurer of the County School 
Fund for teachers' salaries ; he shall also distribute to the 
school committees school registers for their respective dis- 
tricts ; he shall advise with said committees as to the best 
methods of gathering the school statistics contemplated by 
such blanks, and, by all proper means shall seek to have such 
statistics fully and promptly reported. 

Sec. 42. County Superintendent to make annual report t't Superinten- 
dent of 1'ublie Instruction, No. of schools, grade, race, sex. County 
Superintendent may he remored from office. 

It shall be the dirty of the County Superintendent of 
Schools in each county, on or before the first Monday in July 
of every year, to report to the State Superintendent of Public 
Instruction an abstract statement of the number, grade, race 
and sex of the teachers examined and approved by him during 
the year ; also the number of public schools taught in the 
county during the year for each race ; the number of children 
of school age in each school district, the number enrolled in 
each district, and the average daily attendance in each dis- 
trict by race and sex. He shall also report, by race and sex, 
the number of pupils of each race enrolled in all the schools, 
their average attendance ; the average length of terms of said 
schools, and the average salary, respectively, for the teachers 
of each race ; the number of school districts for each race, 
and any new school districts laid out during the year shall be 
specified in the report. He shall also report the number of 
public school houses and the value of public school property 
for each race; the number of teachers' institutes held; the 



27 



number of teachers that attended such institutes, together 
with such suggestions as may occur to him promotive of the 
school interests of the county. The County Superintendent 
of Schools shall record in his book an accurate copy of his 
report to the State Superintendent of Public Instruction : 
Provided, that if any County Superintendent of Schools fails 
or refuses to perform any of the duties required of him by 
this act he shall be subject to removal from his office by the 
County Board of School Directors, upon the complaint of the 
State Superintendent of Public Instruction. 

Sec. 43. District Committee, how removed. 

In case the County Superintendent of Schools shall have 
sufficient evidence at any time that any member of the dis- 
trict committee is not capable of discharging, or is not dis- 
charging, the duties of his office, he shall bring the matter to 
the attention of the Township School Trustees, who shall 
thoroughly investigate the charges, and shall remove said 
committeeman and appoint a successor if sufficient evidence 
shall be produced to warrant his removal, or the best interests 
of the schools in his district demand it. 

Sec. 44. Township School Trustees how removed. 

In case the County Superintendent of Schools shall have 
sufficient evidence, at any time, that any township school trus- 
tee is not capable of discharging, or is not discharging, the 
duties of his office, he shall bring the matter to the attention 
of the County Board of School Directors, which shall thor- 
oughly investigate the charges and shall remove said trustee 
and appoint his successor if sufficient evidence shall be pro- 
duced to warrant his removal, or the best interests of the 
schools of the township demand it. 

Sec. 45. School Committees to report Deaf, Dumb and lUind. 

It shall be the duty of the County Superintendent of 
Schools to require of the school committees of the various 
school districts, in enumerating the number of school chil- 



28 



dren, to make a statement in the report of the number of deaf, 
dumb and blind between the ages of six and twenty-one years, 
designating the race and sex, and the address of the parent 
or guardian of said children; and the County Superintend- 
ents of Schools are hereby required to furnish such informa- 
tion to the principals of the deaf, dumb and blind institu- 
tions, and the Superintendent of Public Instruction, in pre- 
paring blanks as directed in The Code, section three thousand 
three hundred and seventy, shall include questions, answers 
to which- will give the information aforesaid. 
Sec. 46. (.'oiiinensatiou of County Superintendent of Schools; Proviso. 

The compensation of the County Superintendent of Schools 
shall be not less than two dollars nor more than three dollars 
per day, for such days as he shall be actually engaged in the 
duties pertaining to his office, and he shall present to the 
County Board of School Directors at their regular meetings 
in January, April, July and October, itemized account with 
an affidavit attached, stating that the services therein charged 
have been in fact rendered, whereupon, if approved by the 
County Board of School Directors, the chairman of the board 
shall issue a warrant upon the treasury for the payment of 
the amount due the County Superintendent of Schools for 
said services: Provided, that application for services shall 
in no case be made, nor compensation allowed, for more days 
of service during any fiscal year than the average length of 
the school term in the county for said year, increased by fifty 
per cent, thereof. 
Sec. 47. County Superintendent to furnish blank deeds to committees. 

It shall be the duty of the Superintendent of Schools to 
furnish school committeemen with blank deeds for school- 
house sites. If a school-house site has been purchased, an 
ordinary fee simple deed shall be executed. If a site has been 
donated, the donor may provide in the deed of gift that the 
title to the site, but not to the improvements, shall revert to 
him or his heirs in case the same shall cease to be used for 
school purposes for the space of three years. 



29 



Sec. 48. Omit) School Directors and County Superintendent of Schools 
to take oath of office. 

The members of the County Board of School Directors, the 
Township School Trustees, the District School Committee- 
men and the County Superintendent of Schools in each 
county shall, before entering upon the duties of their office, 
take oath for the faithful performance thereof. 

Sec. 49. County Treasurer to keep school funds separate aud distinct 
from other public funds. To increase bond. 

The County Treasurer of each county shall receive and dis 
burse all public school funds, and shall keep the same separate 
and distinct from all other funds, but before entering upon 
the d\.1ies of his office he shall execute a justified treasurer's 
bond, with security in double the amount of all public school 
moneys received by him or by his predecessors during the 
previous year, conditioned for the faithful performance of 
his duties as Treasurer of the County School Fund, and for 
the payment over to his successor in office of any balance of 
school moneys that may be in his hands unexpended, and 
the County Board of Commissioners may, from time to time, 
if necessary, require him to strengthen said bond, and in 
default thereof the members of the County Board of Commis- 
sioners shall be guilty of a misdemeanor. 

Sec. 50. Bond of County Treasurer to be approyed by the County Com- 
missioners. To bring suit, etc 

The bond of the Treasurer of the County School Fund shall 
be approved by the Board of County Commissioners, and 
they shall bring action for any breach thereof, and on their 
failure to bring such action, it may be brought in the name 
of the State on the relation of taxpayer. The said bond shall 
be separate, not including liabilities, for other funds, and 
shall be in double the amount of school funds which he may 
receive, or which were received by his predecessor during 
the previous year. 



30 



Sec. 51. Orders for teachers salary to be signed by committee. Record 
of money Tor supplies must be kept. 

All orders for the payment of teachers' salaries, for build- 
ings, repairs, school furnishings, or for the payment of money 
for any purpose whatsoever, before it shall be a valid voucher 
in the hand of the County Treasurer, shall be signed first by 
at least two members of the committee; then by the County 
Superintendent of Schools, who shall place his seal upon it: 
Provided, however, that no order shall be signed by the 
County Superintendent of Schools for more money than is to 
the credit of that district for. the fiscal year, nor shall said 
Superintendent of Schools endorse the order of any teacher 
who does not produce a certificate as required in section 30 ; 
Provided, the said Treasurer shall not pay any school money 
for building or repairing any school house, unless the site on 
which it is located has been donated to or purchased by the 
School Committee of the district in which said house is 
located, and a deed for the same regularly executed and deliv- 
ered to said committee and their successors in office, probated, 
registered in the office of Register of Deeds for the county 
and delivered to the Clerk of the Court, to be by him safely 
deposited with his valuable official papers, and surrendered 
to his successor in office, and for default he shall be liable on 
his official bond for any sum thus illegally paid: Provided, 
further, that the County Superintendent of Schools shall 
approve no voucher for the payment of charts, maps or globes 
except upon the order passed by the School Committee and 
the Township School Trustees in a duly called meeting, and 
all orders thus made shall be recorded upon the books of the 
Township School Trustees, and the books of the School Com- 
mittee. 

Note. — Let the records show how much money is spent for school 
supplies. It is wonderful how much money has been spent for sup- 
plies and yet so few schools have supplies of the proper kind. 



3L 



Sec. 52. County Treasurer to keep an account with each township iu 
his county. Baiauce accounts, etc. 

It shall be the duty of the Treasurer of the County School 
Fund to keep a book in which he shall open an account with 
each township in the county, showing the amount appor- 
tioned to the various townships by the County Board of 
School Directors. lie shall also open an account with each 
school district showing the amount apportioned to various 
districts by the township trustees. He shall record the date 
of all payments of school moneys, the name of the person to 
whom paid and for what purpose and the several amounts. 
He shall balance the accounts of each township and district 
annually on the thirtieth day of June in each year, and shall 
report by letter or printed circular, within ten days there- 
after, said balances to the County Board of School Directors 
and to the Township School Trustees of each township. 

Note. — Let each County Treasurer comply with this section fully 
in each and every particular. 

Sec. 53. County Treasurer to produce his book to County Board of 
School Directors for examination. 

The Treasurer of the County School Fund shall, when 
required by the County Board of School Directors, produce 
his books and vouchers for examination, and shall also 
exhibit all moneys due the Public School Fund of the county 
at each settlement required by this act. 

Sec. 54. Couuty Treasurer 1o report to Superintendent of Public In- 
struction on first Monday in July of each year. 

The Treasurer of the County School Fund of each county 
shall report to the State Superintendent of Public Instruc- 
tion on the first Monday of July of each year the entire 
amount of school money received and disbursed by him dur- 
ing the preceding school year, designated by items, the 
amounts received respectfully from property tax, poll tax, 
liquor licenses, fines, forfeitures and penalties, auctioneers, 
estrays, from State Treasurer and from all other sources. 



32 



He shall also designati by item the sums paid to teachers of 
each race, respectively, for school houses, school-house sites, 
in the several districts, and for all other purposes specifically, 
and in detail by items, and on the same day he shall file a 
duplicate of said report in the office of the County Board. of 
School Directors. He shall make such other reports as the 
County Board of School Directors of the county may require 
from time to time. 

Note. — County treasurers have been too careless in many 
instances in the past in making their reports. 

Sec. 55. County Treasurer to keep a detailed account. To receive 
only money in settling with Sheriff, etc. 

The Treasurer of the County School Fund shall keep a 
book in which shall be entered a full and detailed account of 
all public school moneys received by him, the name of each 
person paying him school money, the source from which the 
same may have been derived, and the date of such payment : 
Provided, in his settlement with the Sheriff, or other collect- 
ing officer of public school taxes, or other school funds, the 
said Treasurer shall receive money only. 

Sec. 56. County Treasurer failing to make reports shall be guilty of 
misdemeanor, etc. 

Any Treasurer of a County School Fund failing to make 
the reports required of him at the time and in the manner 
prescribed, or to perform any other duties required of him 
in this act, shall be guilty of a misdemeanor, and be fined 
not less than fifty dollars and not more than two hundred dol- 
lars, or imprisoned not less than thirty days, nor more than 
six months, in the discretion of the Court. 

Noti:.— The Superintendent will endeavor to be lair and just 
toward all the officials connected with the public school wor3r : but 
lie will not allow County Treasurers to do as the 7 plea?? in the 
future as some have done in the past in regard to official reports to 
be sent to this office. "A word to the wise is sufficient." 



33 



Sec. 57. The Sheriff to pay school fnnd on or before 31st of December 
of each year. 

The Sheriff of each county shall pay annually in money to 

the Treasurer of the County School Fund on or before the 

thirty-first day of December of each year, the whole amount 

levied, less such sum or sums as may be allowed on account 

of insolvents for the current year, by both State and county, 

for school purposes ; and on failure to do so, shall be guilty 

of a misdemeanor and fined not less than two hundred dollars, 

and be liable to an action on his official bond for his default 

in such sum as will cover such default, said action to be 

brought to the next ensuing term of the Superior Court, and 

upon the relation of the County Commissioners for and in 

behalf of the State. 

Sec. 58. sheriff a collecting officer to take duplicate receipts. Pen- 
alty, etc. 

The Sheriff or other collecting officer shall take duplicate 
receipts of the Treasurer of the County School Fund for such 
payment as he may make under this act, one copy of which 
shall be transmitted to the Auditor of the State, and one to 
the lhairman of the County Board of School Directors, and 
upon his failure to do so he shall be guilty of a mis- 
demeanor, and fined or imprisoned, as in section 56 of this 
act. 

Sec. 59. Sheriff a collecting officer to designate by items. 

Whenever the sheriff or other collecting officer pays over 
money to the treasurer of the school fund he shall designate 
the items as indicated in section 54 of this act, and these 
items shall be stated in the receipts given by the Treasurer. 

Sec. 60. County Treasurer goiug out of office to file with his successor 
an itemized report. 

If the term of office of any Treasurer shall expire on the 
thirtieth day of November during any fiscal school year, or 
if for any reason he shall hold office beyond the thirtieth 
day of November, and not for the whole of the current fiscal 



31 



school year, he shall, at the time he goes out of office, file with 
the County Board of School Directors, and with his successor, 
a report, itemized as required by section 54 of this act, cover- 
ing the receipts and disbursements for that part of the fiscal 
school year from the thirtieth of June preceding to the time 
at which he turns over the office to his successor, and his suc- 
cessqr shall include in his report to the State Superintendent 
the receipts and disbursements for the current fiscal school 
year. 

Sec. 61. County Treasurer to turn over his books on going out of office. 

Each Treasurer of the County School Fund, on going out 
of office, shall deposit in the office of the Board of School 
Directors of his county his books, in which are kept his school 
accounts, and all records and blanks pertaining to his office. 

Sec, 62. County Treasurer to be at his office last Saturday of each 
month. 

The Treasurer of the County School Fund shall, on the 
last Saturday of each month, attend at his office for the pur- 
pose of paying school orders ; but this shall not be construed 
to prevent the payment of orders at other times ; and he shall 
be allowed for compensation as Treasurer of the school fund 
such sum as the Board of School Directors may allow him, 
not to exceed two per centum of his vouchers paid on orders 
of school committees. 

Sec. 63. County Board of School Directors on first Monday in July to 
settle all business of preceding fiscal year. 

On the second Monday of July, the County Board of 
School Directors, County Superintendent of Schools and 
Treasurer shall meet at the office of the board and settle all 
the business of the preceding fiscal year. The board shall, 
on that day, examine the reports of Treasurer and County 
Superintendent, and, if found correct, shall direct them to 
be forwarded. 



35 



See. 64. State Auditor to inelade certain forms in his blanks to County 
Commissioners. 

The Auditor of the State shall include on the form which 
he furnishes to the Board of County Commissioners and on 
which the tax lists are to be made out, separate columns for 
school poll tax and school property tax, in one of which col- 
umns shall be entered the total poll tax levied by the General 
Assembly and the county authorities for schools due by each 
taxpayer, and in the other the total property tax levied by 
the General Assembly and the county authorities for schools 
due by each taxpayer. The Auditor's form shall likewise 
show, in separate columns, the polls of each race, and in sep- 
arate columns, the property of each race ; and the list-taker's 
form shall be arranged accordingly. 

Sec. 65. Register of Deeds to furnish abstracts of tax iis's, etc., to 
County Board of School Directors, 

The Register of Deeds shall furnish to the Board of School 
Directors, as soon as the tax lists are made out, an abstract of 
said lists, showing in separate columns the total amount of 
poll tax borne on said lists, and also the total amount of 
property tax borne on the same, and shall furnish such other 
information from his office as the County Board of School 
Directors may require. 

Sec. 66. Clerks of Courts to report flues, forfeitures, etc. Penally. 

The Clerks of all Criminal Courts shall furnish, imme- 
diately upon the close of the term, to the County Board of 
School Directors of the county, a detailed statement of fines, 
forfeitures and penalties which go to the school fund that 
have been imposed, or which have accrued during a term. 
Any clerk failing to comply with the duties herein prescribed, 
shall be guilty of a misdemeanor, and shall, upon conviction, 
be fined or imprisoned in the discretion of the Court. 

Sec. 67. Teachers of Public Schools to maintain good order. 

It shall be the duty of all teachers of free public schools 
to maintain good order and discipline in their respective 



36 



schools, to encourage morality, industry and neatness in all 
of their pupils, and to teach thoroughly all branches which 
they are required to teach. If any pupil shall wilfully and 
persistently violate the rules of the school, such pupil may be 
dismissed by the teacher for the current term. 

Sec. 68. Teachers of any schools receiving' public funds to keep a rec- 
ord, etc. 

Every teacher or principal of a school to which aid shall 
be given under this act, shall keep a daily record of the 
attendance of pupils. At the end of every term every prin- 
cipal or teacher of a public school shall report to the County 
Superintendent of Schools the length of term of school, the 
race for which it was taught, the number, sex, and average 
daily attendance of the pupils, and the number of the district 
in which the school was taught, and such other information 
as the County Superintendent of Schools may request. 

Sec. 69. Each school receiving aid uuder this art is a Public School. 

Every school to which aid shall be given under this act 
shall be a public school, to which all children living within 
the district, between the age of six and twenty-one years, shall 
be admitted free of charge for tuition : Provided, the admis- 
sion of pav students be under the direction of the committee : 
Provided, further, that the committee or the County Super- 
intendent of Schools may exclude persons of immoral lives 
or character. 

Sec. 70. The Principals of every school receiving aid to report to Su- 
perintendent of Public Instruction. 

The principal or superintendent of every school, supported 
in whole or in part by public funds, shall report to the State 
Superintendent at such time and in such form as he may 
direct. 

No. 71. Right of child as lo race, how determined. 

In determining the right of any child to attend the schools 
of either race, the rule laid down in section 1810 of The Code, 
regulating marriages, shall be followed. 



37 



Sec. 72. The Fiscal School year. 

The fiscal school year shall begin on the first day of July 
and close on the thirtieth day of June next succeeding. 

Sec. 73. fto school officer or Director to act as agent or sell supplies, 
etc. Penalty. 

It shall be unlawful for any member of any board of 
directors, board of managers, board of trustees of any of the 
educational, charitable, elemosynary or penal institutions of 
the State, or any member of any board of education, or any 
county or district superintendent or examiners of teachers, 
or any school trustee of any school or other institution sup- 
ported in whole or in part from any of the public funds of 
the State, or any officer, agent, manager, teacher or employee 
of said boards to have any pecuniary interest either 
directly or indirectly, proximately or remotely, in supply- 
ing any goods, wares or merchandise, of any nature or kind 
whatsoever, for any of said institutions or schools. Nor 
shall any of said officers, agents, managers, teachers or 
employees of said institution or school, or State or county 
officer, act as agent for any manufacturer, merchant, dealer, 
publisher, or author for any article of merchandise to be used 
by any of said institutions or schools. Nor shall they receive, 
directly or indirectly, any gift, emolument, reward, or prom- 
ise of reward, for their influence in recommending or pro- 
curing the use of any manufactured article, goods, wares 
or merchandise of any nature or kind whatsoever, to any 
of the said institutions or schools. Any person violating the 
provisions of this act shall be forthwith removed from his 
position in the public service, and shall, upon conviction, 
be deemed guilty of a misdeameanor, and fined not less than 
fifty dollars nor more than five hundred dollars, and be 
imprisoned in the discretion of the Court. 



38 



Sec. 74. Teachers to be examined on nature of alcoholic drinks and 
narcotics. 

The nature of alcoholic drinks and narcotics, and special 
instruction as to their effect upon the human system, in con- 
nection with the several divisions of the subject of physi- 
ology and hygiene, shall be included in the branch of 
study taught in the common or public schools in the State 
of North Carolina, and shall be studied and taught as thor- 
oughly and in the same manner as other like required 
branches are in said schools by the use of text-books, in the 
hands of the pupils, and orally in case of pupils unable to 
read, and shall be taught by all teachers and studied by all 
pupils, in all schools in this State, supported wholly, or in 
part, by public money. The text-books used for the instruc- 
tion to be given in the preceding section for primary and 
intermediate grades shall give at least one-fourth of their 
space to the consideration of the nature and effect of alco- 
holic drinks and narcotics, and the text-books used in the 
higher grades of the public schools shall give at least twenty 
pgaes to the consideration of this subject. No certificate 
to teach in the public schools of this State shall hereafter be 
granted to any applicant who has not passed a satisfactory 
examination in the study of the nature of alcoholic drinks 
and narcotics, and of their effect upon the human system, in 
connection with the several divisions of the subject of relative 
physiology and hygiene. It shall be the duty of the proper 
officers in control of any school described in the first section- 
of this act, to enforce the provisions of this act, and any such 
officer, school director, committee, superintendent, or teacher 
who shall refuse or neglect to comply with the requirements 
of this act, or shall neglect or fail to make proper provisions 
for the instruction required and in the manner specified by 
this act, for all pupils in each and every school under his 
control and supervision, shall be removed from office and 
the vacancy filled as in other cases. 



39 



Sec, 75. State Board of Education to elect a Stale Board of Examiners. 
Duties of State Board of Examiners, etc. 

The State Board of Education shall elect biennially a 
State Board of Examiners, who shall consist of three pro- 
fessional teachers, and the State Superintendent of Public 
Instruction shall be ex-ofjicio the chairman of the said board. 
The State Board of School Examiners shall prepare and 
recommend to the public school teachers of the State, through 
the several county superintendents of schools, a course of 
reading and professional study for teachers, and such outline 
of methods of teaching and school government as may, in its 
judgment, be helpful in school-room work, and perform such 
other duties as are hereinafter provided. The State Board 
of School Examiners shall have power to grant first-grade 
life certificates, which may be used in any county in the 
State, and shall furnish to the public, through the several 
county superintendents of schools, at least one month before 
the regular annual county examination of teachers, full 
information as to the nature and character of the require- 
ments for such first-grade, life certificates, it shall annually 
prepare and furnish to the several county superintendents 
of schools a set of examination questions covering subjects 
required by law to be taught in the public schools of the State, 
which shall be submitted at the regular annual county exam- 
ination of teachers in July to all applicants for a first-grade 
life certificate, under such rules and regulations as the State 
Board of School Examiners may prescribe. The State 
Board of School Examiners shall examine and grade the 
papers of all applicants for a first-grade life certificate, and 
shall issue said certificate to such applicants as are properly 
qualified and justly entitled thereto, and all examination 
papers of applicants to whom first-grade life certificates shall 
have been granted under this act shall be kept on file in the 
office of the State Superintendent of Public Instruction : 
Provided, that each applicant for a first-grade life certificate 



40 



shall pay in advance to the County Superintendent of Schools 
the sum of five dollars, which shall be reported to the County 
Board of School Directors and paid into the general school 
fund of the county : Provided, further, that every first-grade 
life certificate, to continue valid and operative, shall be 
renewed by the State Board of School Examiners every five 
years, and before said board shall renew said certificate, it 
shall be accompanied with an affidavit of the teacher, holding 
said certificate, that he or she has been actually engaged in 
teaching school since receiving said certificate, or since its 
last renewal, and no charge shall be made for such renewal. 
The meetings of the State Board of School Examiners shall 
be held at the call of the State Superintendent of Public 
Instruction, and the members shall receive no compensation 
other than their traveling expenses and board while attending 
upon their official duties, an itemized statement of which 
shall be kept in the books of the State Superintendent of Pub- 
lic Instruction. Said board shall prepare a course of study 
for the colored normal schools of the State. One member 
of said board of examiners shall visit each of said schools 
annually, inspect the work and report in writing to the 
board. 

Sec. 76. City or towns may vote special tax. How leyied. Special 
district, etc. 

In every incorporated city or town of not less than one 
thousand inhabitants, in which there is not now levied a 
special tax for schools, upon a petition signed by one-third 
of the freeholders therein, the Board of Aldermen or Town 
Commissioners of said city or town shall, at the date of 
the municipal or general election, next ensuing the pre- 
sentation of said petition, order an election to be held to ascer- 
tain the will of the people whether there shall be levied in 
such city or town a special annual tax of not more than 
thirty cents on the one hundred dollars' valuation of prop- 
erty and ninety cents on the poll to supplement the public 
school fund in such city or town. Said election shall be held 



41 



in the different election precincts or wards under the law 
governing municipal or general election in said cities or 
town. At said election, those who are in favor of the levy 
and collection of said tax shall vote a ticket on which shall 
be printed or written the words "For Special Tax," and 
those who are opposed shall vote a ticket on which shall be 
printed or written the words "Against Special Tax." In 
case a majority of the qualified voters at said election is in 
favor of said tax, the same shall be annually levied and col- 
lected in such city or town in the manner prescribed for the 
levy and collection of other city taxes: Provided, that all 
moneys levied under the provisions of this section shall, upon 
colh ction, be placed to the credit of the town school commit- 
tee composed of not less than five nor more than seven mem- 
bers, appointed by the Board of Aldermen, for said city or 
t'-wn, snd shall be, by said committee, expended exclusively 
upon the public schools in said city or town: Provided, 
further, that there shall be but one school district in the said 
city or town in which there may be established one or more 
schools for each race, and the school committee shall appor- 
tion the money among said schools in such manner as in their 
judgment will equalize school facilities. 

Sec. 77. Townships may vote a special tax. How levied. Funds to 
be placed to the credit or Township Trustees. 

In every township in which there is not now levied a 
special tax for schools, upon a petition signed by one-third 
of the freeholders therein, the Board of County Commis- 
sioners shall order an election at such time as they may deem 
expedient within not less than thirty days nor more than 
ninety days from the presentation of the petition, to be held 
to ascertain the will of the people whether there shall be 
levied in such township a special annual tax of not more than 
thirty cents on one hundred dollars' valuation of property 
and ninety cents on the poll to supplement the public schools 
of such township. Said election shall be held in the various 
election precincts therein prescribed in the law for general 



42 



elections. At said election those who are in favor of the levy 
and collection of said tax shall vote a ticket on which 
shall be printed or written the words, "For Special Tax," 
and those who are opposed shall vote a ticket on which shall 
be printed or written the words, "Against Special Tax." In 
case a majority of the qualified voters at said election is in 
favor of said tax, the same shall be annually levied and col- 
lected in the manner prescribed for the levy and collection 
of other taxes: Provided, that all moneys levied under the 
provisions of this act shall, upon collection, be placed to 
the credit of the township school trustees in said township, 
and said trustees shall apportion the money so raised among 
the schools in said township in such manner as in their judg- 
ment shall equalize school facilities: Provided, further, that 
the people in any township in which is situated a city or 
town of more than one thousand inhabitants shall be given 
the same privilege accorded in this section to the people of 
other luwnships and may proceed without regard to the action 
of the people in said cities or town : Provided, further, 
that no election under this section shall be held oftener than 
once in two years, and no election under this section shall 
be held within ninety days immediately preceding a general 
State election. 

Sec. 78. Provisions of sees. 77 and 78 i ot to apply to special towns, 
etc. 

The provisions of this act shall not apply to any township, 
city or town now levying a special tax for schools and 
operating under special laws or charters, or to schools operat- 
ing under section 47, chapter 199, laws of 1889 ; school dis- 
tricts in any city or town now operating under section 47, 
chapter 199, laws of 1889, are hereby continued, and all 
vacancies in the school committee therein shall be filled by 
the County Board of School Directors, and if said district 
comprises a township, there shall not be appointed township 
school trustees for said township, and all apportionments 
shall be made directly to the committee of said districts. 



43 



Sec. 79. Amendment of laws 1889. 

Section 47, chapter 199, laws of 1S89, is hereby amended 
by striking [out] the words "by and with the consent of the 
County Board of Education." 

Sec. 80. County Board of School Directors to adopt text- books. Pres- 
ent books ased to 1901. List of books to be posted in schools. 

That the County Board of School Directors in the several 
counties shall adopt a series of text books, which shall be 
used in the public [schools] of their respective counties for 
a term of three years ; the said adoption herein provided for 
shall occur at the meeting of said Board of School Directors 
on the first Monday in June, nineteen hundred and one, and 
every three years thereafter and at no other time: Provided, 
that no sectarian or political books shall be used in the public 
schools; and Provided further, that the text-books now 
prescribed and in use in said schools shall not be changed, 
nor the price of the same raised prior to said date, and that 
the list of such books, and the price for the same as now 
recorded upon the minutes of the County Board of Educa- 
tion, and any list of books hereafter adopted under the pro- 
visions of this law, and the prices of the same, shall be 
recorded upon said minutes for the inspection of the public: 
Provided, that the County Board of School Directors shall 
cause the names and prices of all public school books to be 
printed on cardboard and kept posted in each and every pub- 
lic school house. 

Sec. 81. All laws in conflict repealed. 

That all laws and clauses of laws in conflict with the 
provisions of this act shall be, and the same is hereby, 
repealed. 
Sec. 82. Act in force, etc. 

That this act shall be in force from and after its rati- 
fication. 



44 



An Act to Appoint the Members of the County Board of School Direct- 
ors in the Various Counties of the State. 

The General Assembly of North Carolina do enact: 

Section 1. That the following named persons are hereby 
appointed members of the County Board of School Directors 
in and for their respective counties, to-wit: 

Sec. 2. The Secretary of State shall within ten days after 
the ratisfication of this act send a certified copy of the mem- 
bers of the County Board of School Directors for their 
respective counties, to the Clerk of the Superior Court of each 
county in the State; whereupon the said clerk shall imme- 
diately notify each member of his appointment, and direct 
said members to meet at the court house on the second Mon- 
day in April for the purpose of organizing said board. 

Sec. 3. That this act shall be in force from and after its 
ratification. 

In the General Assembly, read three times and ratified, 
this 7th day of March, A. D., 1899. 



•L.ofC. 



45 



An Act to Appropriate One Hundred Thousand Dollars to the Public 
Schools of North Carolina. 

The General Assembly of North Carolina do enact: 

Section 1. That the sum of one hundred thousand dol- 
lars be, and the same is hereby, appropriated annually, from 
the State treasury, for the benefit of the public schools. 

Sec. 2. That this money shall be distributed to the 
respective counties of the State per capita as to school popula- 
tion on the first Monday in January of each year, using the 
school census of the previous scholastic year as the basis of 
apportionment, and shall be distributed in the respective 
counties by the School Directors under the general school 
law of the State. 

Sec. 3. That the Superintendent of Public Instruction 
shall issue warrants upon the Auditor for the amount due 
each county under section 2 of this act, said warrants to be 
drawn in favor of the County Treasurer of each county, to 
be credited to the general public school fund of the county. 

Sec. 4. All laws and clauses of laws in conflict with this 
act are hereby repealed. 

Sec. 5. This act shall be in force from and after its rati- 
fication. 

Eatified 8th day of March, A. D., 1899. 



APPENDIX. 



FORM OF CONTRACT WITH TEACHER 

This memorandum of an agreement, entered into this .... day 
o f . . . . . , 18 .... , between , , committee- 
men for District No , race, of county, N. C, 

and , a teacher holding a grade certificate, Witnes- 

seth: That the committee aforesaid agree to employ as a 

teacher of the public school in. .district. . . .race of county,N. C. 

and to pay him at the rate of dollars per school month while 

to is conducting said school. And the said agrees faith- 
fully to perform all the duties of a public school teacher in said 
district and to keep a register according to law and return it to 
the school committee at the close of the term. 

It is understood that this contract is made subject to the limita- 
tions and conditions of the public school law. The length of the 

term shall be months ; but the school shall close whenever 

the apportionment is exhausted. 

In witness whereof, the said parties have hereunto set their 
hands the day and date above written. 



Committee. 
Signed in duplicate, each 
party keeping a copy. , Teacher. 



INDEX. 



SECTION. 

Apportionment by State Treasury 1 

Auditor to include certain forms in blanks 64 

Auditor to keep separate account of public school fund 2 

Abstracts furnished to Co. Board of Directors by Reg. of Deeds. . 65 

Apportionment of public school fund semi-annual li> 

Blanks furnished to school committees by Co. Superintendent.. 41 

Books for public schools, by whom, and when adopted 80 

Census of school children, when taken 28 

deaf, dumb and blind 45 

Certificates, grading requisite for first and second grade 39 

Certificate for life 75 

Clerk of Courts furnish list of fines, forfeitures, etc., to County 

Board of Directors 66 

City or towns may vote special tax 76 

Committees, how elected 23 

subject to removal 28 

employ and dismiss teachers 30 

contract with teachers 35 

contract must not be made for money only for current year 36 

keep record of all money 37 

deliver deeds to County Board of School Directors, receive 

sites for schoolhouses and condemn land 33 

to be a body corporate 27 

organize 29 

receive grants, donations 32 

take census 28 

take oath of office 48 

take census of deaf, dumb and blind 45 

report school property and value thereof 28 

sign teachers' orders 51 

condemn sites when unable to purchase 33 

may be removed 43 

County Board or Directors, how elected 13 

how vacancies are filled 13 

duties and powers 14 

elect County Superintendent of Schools, fill vacancy 15 

appoint Township Trustees, fill vacancy 16 

apportion school fund to townships; pay salary Co. Supt. . 17 

take oath of office 48 

not to act as agent 73 

appropriate funds for County Institutes 19 

meetings of Board during the year and fix minimum sal- 
ary of first-grade teachers 20 

punish for contempt 21 

to settle all business of preceding year on second Monday 

in July 63 

County Superintendent. Secretary of County Board of Direct- 
ors, keep records, to have an office 38 

to examine teachers; branches to be taught 39 

to advise with teachers; visit schools 40 

to supply blanks, vouchers, school registers 41 



48 



County Superintendent — Cont'd. section. 

make annual report to Superintendent Public Instruction 
of race, sex, number of pupils of each sex, value of 

property, removal from office 42 

compensation, proviso 46 

furnish blank deeds to counties 47 

take oath of office 48 

"County Treasurer to keep funds separate from other funds; to 
increase bond; bond to be approved by County Commis- 
sioners, ,and they may bring suit 49 

to keep an account with each township; balance account. . 52 
to produce his book to County Board of Directors for exam- 
ination 53 

to report to Superintendent of Public Instruction first 
Monday in July each year, poll tax, property tax, etc., 

paid teachers, for school houses 54 

to keep detailed account; to receive only money in set- 
tling with sheriff 55 

guilty of misdemeanor 56 

file an itemized report on going out of office, with suc- 
cessor and County Board of Directors 60 

to turn over his books on going out of office 61 

to be at his office last Saturday of each month 62 

Funds, when and how warrants are issued. ...... 3 

State Treasurer to hold funds as a special deposit 4 

appropriated for establishing and maintaining schools... 5 

to be paid into county school fund . . . 6 

if not sufficient, duty of County Commissioners 7 

Fiscal Year 72 

Superintendent Public Instruction, duties 8 

to direct operations of system of public schools 9 

to learn and supply educational wants 10 

duty as to removal of County Superintendent of Schools. . 11 

to employ clerk 13 

Sheriff to pay fund on or before 31st December of each year. . . 57 

to take duplicate receipts; penalty 58 

to designate by items 59 

State Board of Examiners, duties, etc 75 

Township Trustees, to organize and keep records 22 

to elect committeemen for each school, determine bounda- 
ries 23 

to create no school with less than 65 children; proviso. . . 24 
to apportion fund so as to equalize school terms; fix maxi- 
mum salary in their respective townships 25 

notify Committeemen of amount of money to each school. . 26 

how removed from office 44 

Teachers to maintain good order 67 

receiving public fund to keep a record 68 

of private school receiving public fund 69 

to be examined on nature of alcoholic drinks, narcotics. . 74 

Townships may vote special tax " 77 

exceptions to the special tax 78 



